The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-06-01

connection with each other. Sec. and . re-
fer to pwoperty and Sec. 3 to personal rights.
If however in this am not correct and the
section MS amended does modify the prece-
ding section il must be because a mortgage Is
a contract and u contract too In the sense In
which that word Is used In the amended sec
ton. If u mortgage Is Il contract and not
contract in the sense of the amended section
then the amended section can have no refer
ence to it.. II then mortgage Is contract in
the sense of contract in the amended section
it must certainly be one OF those contracts
married woman has right to make for 1t
would seem almost absurd to say that writ
ten instrument which describes q tract Of
land and conveys it as security for debt Is
not "aS to- or "with respect to- or In regard
10" that tract of land. | assume that, as laid
down in IIiHc Us. 1pOLfe, before the Act OF lSS2
Il married woman had this power to give II
mortgage. If Il mortgage is not contract In
the sense OF the amended Act, then the
amendment cannot affect the clSe one way or
the other. If Il mortgage is such % contract
then IL certainly Is "aS to- or with regard
TO-" or with respect to" the mortgaged prop
erty, and, under the amendment Itself, n mar
ried woman has the right TO make IL. see
no escape from the dilemma.
There Is nothing In the amendments which
requires that the contract of married Wo-
man shall be intended for the benefit of her
srparate property. 1t Is hardly necessary TO
discuss the question (JoneS on Mortgages, z6l5)
whether an unmarried woman, or any other
person under no disabilities, can mortgage
property to secure the debt OF another con-
tracted at the time or where there has been
some new consideration, as the extension of
time. in reference 10 al old debt. If mar
red woman has this power of mortgage at all
then the mortgage can lie supported by any
consideration which would be Suf1clent rs TO
other persons.
This being II mortgage to secure the debt OF
q Stcp-Son, steers clear or that class OF cases,
where there Is some supposed Inhibition
against the suhjection of the property of Il
married woman to pay her husbdnds debts by
any device OF the parties. In this ease the de-
fendant, Mrs. Parks did not sign the note and
no question can arise as to her liability on
any deficiency after applying the proceeds Of
| the sale of the mortgaged premises. The
amount due OH The note of Francis Arnold.
which is not contested, il six hundred and
six 2i.l00 dollars (S6O624 24-lCW)
| The amount due on the note to plaintiffs
and covered by the mortgage of Mrs. Parks is
Fourteen hundred and siHty-siX 51-l0O dollars
| Isl GG.Sl10O)
1t is therefore ordered and alJudged, That
the mortgagcd premises described IN the COM
plant be sold by the Master for Abbeville
county, after due advertisement, on SaleSday
| In November next, or on some subsequent
on Il creditor one and two years, with interest
from the day Of sale, the deferred payments
to be secured by the bond Of the purchaser
| and mortgage of the premises so sold, and
also policy OF Insurance IN some reputable
insurance company to an amount sufficient to
cover the amount remaining unpaid on the
| bond for the purchase money.
1t IS ordered, That outof the proceeds OF sale
the Master do pay first the expenses Of sale
and the costs Of the defendant, Francis Ar.
mold, and to the said Francis Arnold the
amounts above found to be due to him with
interest thereon from this date; that the Mas
ter do then pay to plaintiffs their costs as
against the defendant. Sarah f. Parks and
then the amount Of their debt as above found
with interest from this dale If there be so
much on hand, and If any surplus that he do
pay the same to the defendant. Mrs. Sarah E.
| Parks.
1t is ordered, That on compliance with the
| terms of sale the Master do execute title to
the purchaser for the premises SO sold. and
| that ON the production of said deed and a GER
| titled copy of the order confirming the same
the purchaser be let into possession OF the
premises so sold; and that by such sale and
the execution of title to the purchaser the
said Sarah E. Parks and all persons claiming
under her since the filing Of the notice of the
pendancy of this action be forever barred aud
| forecIosed Of all right and equity of redemp-
| tion Of in or to all and singular the mortgaged
premises so sold ard conveyed.
All questions raised in this case and not
herein adiudicated are reserved and parties
have leave to apply for any orders necessary
to carry out this decree.
T. B. FRASER,
81 May, 1857. Presiding Judge.